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My wife inherited some land that had an easement stipulated…

Customer Question
My wife inherited some...

My wife inherited some land that had an easement stipulated on the will through her cousins land. The cousin refuses to honor the easement. What can she do?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Can't get in to talk to a lawyer, what paperwork do we need?

Lawyer's Assistant: Where is the land located?

Ridgeway VA

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/15/2018
Real Estate Lawyer: P. Simmons, Lawyer replied 3 months ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,287
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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Real Estate Lawyer: P. Simmons, Lawyer replied 3 months ago

Can you provide some context...what do you mean refusing to honor the easement?

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Customer reply replied 3 months ago
My wife and her cousin both inherited the land from their mothers. The land was in an estate from their grandmother to their mothers. The cousin states that since nothing was ever recorded, that even though it is stated in the grandmother's will that she doesn't have to honor it and will call the police for trespassing if she sees us on her land
Real Estate Lawyer: P. Simmons, Lawyer replied 3 months ago

OK...so was there a probate of the will to transfer title? If not, WHY not?

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Customer reply replied 3 months ago
The cousins mother was the executrer of the will, she passed before she completed that part
Customer reply replied 3 months ago
The title was transfered, but it didn't say anything about the easment
Real Estate Lawyer: P. Simmons, Lawyer replied 3 months ago

That is a problem. Someone needs to reopen probate. I agree with cousin...unless or until you get that title updated, the easement will not apply. The good news...this is easy...hire a lawyer with experience in probate law...they can fix this for you

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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